The loss of a loved one is an extremely sad time for most of us. But if you feel as though you’ve been unfairly or mistakenly left out of their will, it can make things even more difficult. It’s always been possible to challenge a will if you have sufficient grounds, and it’s a course of action pursued by an increasing number of people. But what proof do you need to offer to have a reasonable chance of success – and what are the steps you need to take?
Under British law, we’re all usually allowed to leave our possessions to whomever we like. But the courts do have the power to intervene if someone dies without making provision for the people closest to them – such as their spouse, civil partner, or children. Ideally, you’ll need to bring a claim within 6 months of a grant of probate or letters of administration – a court will only hear a later claim in exceptional circumstances.
If you think you’ve been unfairly treated in a will, our legal experts can give you guidance on the grounds for making a claim and the steps involved. We can’t tell you what your chances of success are, or what you might get. But if we don’t think a claim is worth pursuing, we’ll tell you.
All advice contained within this section relates to England and Wales only.